THE ICFAI LAW SCHOOL

PSYCHOLOGY ASSIGNMENT

 Topic: DEFAMATION: A ROAD TO

EMOTIONAL MELT-DOWN

 Submitted By: Kumar Satish

 Submitted To: Ms. Ria Juneja

 ID No. : 19FLICDDNO1060

 Course: BBA LLB (Hons.) 1st Year

 Section: A

 Date Of Submission: 8-09-2019

 Session: 2019-2020

Signature Of Teacher: Signature of Student:

 Defamation: A Road To Emotional Melt-down
-Kumar Satish
According to Bhagwad Gita, “For a Man of honour Defamation is worse than
death” *. It is considered as Great Evil. Reputation is an integral and important
part of the dignity of the individual and Right to reputation is inherent right
guaranteed by Article 21 of our constitution and it is also called as natural rights.
No life is a video game to play with in someone's hand hence, no person in this
country has got a right to play with the reputation of someone.

Defamation refers to the injury to the reputation of a person. If a person injures the
reputation of another, he does so at his own risk. A man's reputation is his
property, and if possible, more valuable than any other property.1

Defamation can be in the form of:

 Words (written/oral)
 Signs
 Visible Representation

According to Winfield 2: “Defamation refers to the publication of a statement which

tends to lower a person in the estimation of the right-thinking members of the society.
Generally, which tends to make them shun or avoid that person.”

1 Dixon v. Holden, 1869, 7, EQ, 488

2 Winfield, Tort, 10th Ed. P 243
 As per the English Law, mainly because of historical reasons, action for
defamation is divided into two types:
a) Libel: It is a criminal offence as well as a civil wrong, where the representation
of a defamatory matter is in some permanent form, which is addressed to the eye
, in the form of: Writing, Printing etc.
b) Slander: It is a civil wrong, where the representation of a defamatory matter by
a non-innocent person is in some transient form, which is addressed to ear in the
form of: Gossips, Rumors, or Gestures.
It is actionable on the proof of special damage, except some exceptional cases.
 As per the Indian Law, there is no such bifurcation of Defamation into Libel &
Slander. According to Criminal Law in India both Libel & Slander are criminal
offences under Section:499 & Section:500 of Indian Penal Code.

Essentials of Defamation:

1. The statement must be defamatory3

2. The statement must be for the plaintiff4
3. The statement must be published5

The innocent victim must prove the above-mentioned essentials in order to win a
lawsuit.

Defences Available for action of Defamation:

 Justification of truth.
 Fair Comment.
 Privileged statement.

3 Ram Jethmalani v. Subramaniam Swamy, AIR 2006, Del. 300

4 Hulton& co. v. Jones (1909) 2. K13, 444 at 454
5 Theaker v. Richardson, 1962, 1, E.R. 229
Remedy to victims of Defamation in India:

 The remedy for a civil defamation is covered under Law of Torts. In civil
defamation, a victim can move high court or subordinate courts for seeking
damages in the form of monetary compensation from accused.

 Section 499 and 500 of the Indian Penal Code provides an opportunity to the
victim to file a criminal case for defamation against the accused. Punishment
for the guilty person for criminal defamation is simple imprisonment which
may extend to two years or fine or both. Under the criminal law, it is bail able,
non-cognizable and compoundable offence.

Defamation & it's Psychological Affects:

So far, we have discussed about defamation in a nutshell what is defamation? What

are the types of defamation? What are the essentials of defamation? And what are
the defenses for it? But do you really think that a mere filing of a lawsuit, proving a
damage, and recovering compensation for it, can repay for the mental and physical
anguish that has been suffered by an innocent? According to me the answer is a
clear No! No amount of damages can pay for the mental or physical ailment
suffered by an innocent ranging from insomnia to depression and anxiety etc. which
may ruin an extremely sensitive person's life who is a victim to defamation.

Defamation enormously effects a person's physical and mental state by deeply

impacting the Nervous System. All the above mentioned mental and physical
 ailments are associated with our nervous system concerning the Neurons &
Neurotransmitters.

Neurons are the basic unit of the nervous system, that are responsible for sending &
receiving signals from the brain both consciously & unconsciously. In other words,
the entire functioning of the brain is through neurons. All these neurons or nerve
cells are associated with a chemical messenger called neurotransmitters which
carries, boosts and balances signals between these neurons and other cells in the
body. These chemical messengers can affect a wide variety of both physical and
psychological functions including heart rate, sleep, appetite, mood, and fear. Billions
of neurotransmitter molecules work constantly to keep our brains functioning,
managing everything from our breathing to our heartbeat to our learning and
concentration levels.

Some of the most important types of these Neurotransmitters are:

1. Acetylcholine: Decrease in the level of this chemical messenger leads to

Alzheimer's disease which is a cause of depression, insomnia, anxiety etc.
2. Norepinephrine: Decrease in the level of this chemical messenger leads to
hyperactivity, elevated blood pressure, depression etc.
3. Dopamine: Decrease in the level of this chemical messenger leads to
Schizophrenia which is a kind of depression.
4. Serotonin: Decrease in the level of this chemical messenger leads to anxiety,
insomnia etc.
5. Gamma amino butyric acid (GABA): Decrease in the level of this chemical
messenger leads to anxiety, insomnia, depression etc.

Hence, from the above discussion it's quite clear that, defamation profoundly affects
the mental state of the victim, causing mental anguish, which affects the nervous
system of the victim in return decreasing the levels of all the most important types
of neurotransmitters enormously, affecting the neurons, which thereby affects the
functioning of the brain, ultimately leading to depression, anxiety, insomnia and
even mental retardation and a tendency to suicide and end up life. Now this mental
anguish is not only limited to above mentioned mental ailments. These mental
ailments in return leads to many acute and chronic physical ailments such as:
Chronic Kidney Disease, Heart-strokes, Cancer, Diabetes, Rheumatoid arthritis,
Obesity, Psoriasis (10) etc. These are the diseases which can be cured by highly
expensive transplants or ultimately leads to death.

Mental ailments associated with defamation:

 Anxiety: is a natural and usually short-lived reaction to a stressful situation associated to a

stressful situation with feelings of worry nervousness and apprehension.

Types of disorder:

Anxiety disorder is an umbrella term that includes different conditions:

 Panic disorder: You feel terror that strikes at random. During a panic attack, you may also
sweat, have chest pain, and feel palpitations(unusually strong or irregular heartbeats).
Sometimes you may feel like you’re choking or having a heart attack.
 Social anxiety disorder: Also called social phobia, this is when you feel overwhelming
worry and self-consciousness about everyday social situations. You fixate about others judging
you or on being embarrassed or ridiculed.
 Specific phobias: You feel intense fear of a specific object or situation, such as heights or
flying. The fear goes beyond what’s appropriate and may cause you to avoid ordinary
situations.
 Generalized anxiety disorder: You feel excessive, unrealistic worry and tension with
little or no reason.
Symptoms:

All anxiety disorders share some general symptoms:

 Panic, fear, and uneasiness

 Sleep problems
 Not being able to stay calm and still
 Cold, sweaty, numb or tingling hands or feet
 Shortness of breath
 Heart palpitations
 Dry mouth
 Nausea
 Tense muscles
 Dizziness

 Depression: It is classified as a mood disorder. It may be described as feelings of sadness,

loss, or anger that interfere with a person’s everyday activities.

 Conditions that can get worse due to depression include:

 Arthritis

 Asthma

 Cardiovascular disease

 Cancer

 Diabetes

 Obesity

Depression symptoms:

Symptoms of depression in may include:

 Mood: Anger, aggressiveness, irritability, anxiousness, restlessness

 Emotional: Feeling empty, sad, hopeless

 Behavioral: Loss of interest, no longer finding pleasure in favorite activities, feeling tired
easily, thoughts of suicide, drinking excessively, using drugs, engaging in high-risk activities

 Cognitive: Inability to concentrate, difficulty completing tasks, delayed responses during

conversations

 Sleep: Insomnia, restless sleep, excessive sleepiness, not sleeping through the night

 Physical: Fatigue, pains, headache, digestive problems

 Low self-esteem

 Physical pain

 Panic attacks

 Social isolation

 Suicidal thoughts

 Self-mutilation

Types of depression:

Depression can be broken into categories depending on the severity of symptoms. Some people
experience mild and temporary episodes, while others experience severe and ongoing depressive
episodes.

 Major depressive disorder: It is the more severe form of depression. It’s characterized
by persistent feelings of sadness, hopelessness, and worthlessness that don’t go away on their
own.

Symptoms:

a) feeling depressed most of the day

b) loss of interest in most regular activities

c) significant weight loss or gain

d) sleeping too much or not being able to sleep

e) slowed thinking or movement

f) fatigue or low energy most days

g) feelings of worthlessness or guilt

h) loss of concentration or indecisiveness

i) recurring thoughts of death or suicide

 Persistent depressive disorder (PDD): Used to be called dysthymia. It’s a

milder, but chronic, form of depression.

In order for the diagnosis to be made, symptoms must last for at least two years. PDD can affect
your life more than major depression because it lasts for a longer period.

Symptoms:

 lose interest in normal daily activities

 feel hopeless

 lack productivity

 have low self-esteem

 Stress: Stress is a normal reaction the body has when changes occur. It can respond to these
changes physically, mentally, or emotionally.

Types of stress:
 Hyper stress
 Hypo stress
 Distress
 Eustress
 Health problems caused or exacerbated by stress include:

 Depression and anxiety

 Pain of any kind
 Sleep problems
 Autoimmune diseases
 Digestive problems
 Heart disease
 Weight problem
 Thinking and memory problems

Signs and symptoms of stress:

 Memory problems
 Inability to concentrate
 Poor judgment
 Seeing only the negative
 Anxious or racing thoughts

Emotional symptoms:

 Depression or general unhappiness

 Anxiety and agitation
 Moodiness, irritability, or anger
 Feeling overwhelmed
 Loneliness and isolation
 Other mental or emotional health problems

Some of the psychological therapies used to treat mental ailments are:

A. Cognitive Therapy: At the heart of cognitive therapy is the idea that our thoughts can
affect our emotions. Cognitive therapy helps patients to learn to identify common patterns
of negative thinking, called cognitive distortions and to turn those negative thought patterns
into more positive ones, thus improving the patient's mood.
B. Behavioural Therapy: It focuses on changing undesired behaviour , by using operant
conditioning method.
H. Cognitive-Behavioural Therapy: Because cognitive therapy and behavioural
therapy work well together to help depression and anxiety disorders.
I. Dialectical Behaviour Therapy: t is a type of CBT. Its main goal is to teach the
patient skills to cope with stress, regulate emotions, and improve relationships with others.
Dialectical behaviour therapy is derived from a philosophical process called dialectics.
J. Psychodynamic Therapy: It is based on the assumption that depression can occur
because of unresolved—usually unconscious—conflicts, often originating from childhood.
The goals of this type of therapy are for the patient to become more aware of their full
range of emotions, including contradictory and troubling ones, and to help the patient more
effectively bear these feelings and put them in a more useful perspective.
K. Interpersonal Therapy: It is a type of therapy that focuses on past and present social
roles and interpersonal interactions. During treatment, the therapist generally chooses one
or two problem areas in the patient's current life to focus on.
 Conclusion:

As already mentioned , according to Bhagvad Gita “ People will always speak of your
infamy, and for one who has been honored, dishonor is worse than death.”6 For an
innocent , emotional person , who has a high self-worth and has never done anything
worth defamation in life , defamation is a scar that never heals , no matter how expensive
the ointment be. The victim suffers this in his/her entire lifetime, and a very few recover
after a lot of psychological therapy sessions. Some even suffer from Post-Traumatic
Stress Disorder, but cannot heal themselves, even after therapies.

No compensation for defamation can compensate the loss suffered by the victim, it's only
psychological therapy that helps the victim overcome the trauma or depression and regenerate
within himself the urge to live happily again.

Hence, in my point of view playing with the reputation of a pure character person is a crime,
punishable not only in life, but also after death.

6 Shri Bhagwat Geeta , Text 34, Chapter 2